Chairperson Rootes called the meeting to order at in the Boone County Commission Chambers having a quorum present.
Chairperson Rootes read the procedural statement stating that this Board is appointed by the Boone County Commission to consider specific application of the zoning and subdivision regulations.† The Board is empowered to enter rulings that may give relief to a property owner from the specific application of the Zoning and Subdivision regulations. Generally, variances can only be granted in situations where by reason of shape, topography or other extraordinary or exceptional situation or condition of a specific ordinance would result in peculiar and exceptional difficulties to or exceptional and demonstrable undue hardship upon the owner of the property as an unreasonable deprivation of use as relating to the property.† A variance from the strict application of this ordinance can be granted provided the relief requested will not substantially impair the intent, purpose and integrity of the zoning regulations.
Notice of this meeting has been published in accordance
with our by-laws for the proper number of days. †All decisions of the Board are based on the
zoning or subdivision regulations for
This Board is comprised of five members, with three members constituting a quorum.† An applicant must receive at least three votes in order to receive the relief that they have requested from the Board.† Any applicant appearing before this Board has the right to be heard by all five members.† At times that all five members are not present, the applicant, and only the applicant, may choose to wait until such time as all five members are present to hear their request.
Roll call was taken:
Present:† ††††††††† Linda Rootes, Chairperson
Absent:†††††††††††† Kay Clementz
††††††††††††††††††††††† (Note:† There is presently a vacant seat.)
Also present:†††† Thad Yonke, Staff†††††††††††††††††††† Bill Florea, Staff
††††††††††††††††††††††† Paula Evans, Secretary†††††††††††††
Minutes of the June 27, 2002 meeting were approved with no corrections.
1. Case Number 2002-008
by Kenneth and Nancy Wade to allow an accessory structure to be built in a
platted subdivision prior to a main structure being built on 2.94 acres located
Planner, Thad Yonke gave the staff report stating that this 2.94 acres is in the SE ľ of Section 24, Township 49N, Range 12W.† The property is zoned A-2; the adjacent zoning to the north, south and west is also A-2, the adjacent zoning to the east is A-1.† This lot is located 2 miles northeast of Columbia at the intersection of Dusty Rhodes Lane and Liddell Lane and it currently vacant.† The applicants would like to construct an accessory structure on this lot.† The original zoning for this tract is A-2.† It was platted as part of Juliam Subdivision in 1980.† There have been no requests submitted on behalf of this tract.† The requested variance is from the zoning regulations, Section 7.A.(5):† There shall be the following additional regulations for accessory buildings; No accessory building shall be constructed upon a lot until the construction of the main building has actually commenced, and no accessory building shall be used unless the main building on the lot is also being used.† Staff notified 9 property owners of this request.
Chairperson Rootes asked staff if they heard any comments from anyone.
Mr. Yonke stated that he received no calls on this request.
Present:† Joe Wade, owner, 5260 N. Liddell Lane, Columbia.
Mr. Wade stated that he would go ahead and take the opportunity to get the three votes in favor.† Mr. Wade stated that he bought the property 10-years ago in 1992 to protect himself from property to the west.† There was a person who was building a tire fences.† Mr. Wade stated that he bought the property to keep the fence from getting any closer to his present home which is right across the road from the property in question. The property has been kept vacant and clean.† Mr. Wade is looking at the possibility of building a retirement home on that property.† Mr. Wade would like to be able to place a 30 X 40 pole building on the property which would be built by a reliable contractor in Boone County, Harold Cunningham, who has given Mr. Wade an estimate.† Mr. Wade has accepted that estimate.† It is a matter of getting this variance in order to get a building permit.
Mr. Wade stated that the reason he is not building a present residence on the property now is the fact that with the Department of Natural Resources and the Attorney Generalís office, the property to the west of Mr. Wadeís property is in question due to an illegal tire dump.†
Mr. Wade presented photographs of the neighboring property.† The photographs show a tire fence and other tires which are on the neighboring property.
Mr. Wade stated that in addition, KRCG TV ran a news story on the 10:00p.m. news about that illegal tire dump.† That proved the fact that the Attorney General was in the process of issuing summons to the neighbor to clean up the property.† On the news cast the woman that the reporter visited with lives on the property and she indicated that the only assistance the State had given was a summons for the neighbors to appear in court.†
Mr. Wade stated that he would like to sell his property to the west and move a retirement home on the 2.94 acres.† Mr. Wade stated that he is trying to follow the rules; he came to Planning and Building thinking that all he needed was a building permit and ran in to this variance situation and decided to spend the $100 to go ahead and see if he can get it done.† Mr. Wade stated that he hopes he has the consideration of the Board Members that are present to let him build the building.† Mr. Wade hopes the situation with the tires will get cleaned up in the next couple of years and at that time, Mr. Wade will build a home there.† In the meantime, Mr. Wade needs additional storage and doesnít want to build a building on his current property if he is going to sell it in a couple of years.
Open to public hearing.
No one spoke in favor of or in opposition to the request.
Closed to public hearing.
Member Trabue asked Mr. Wade when he plans to build his home.
Mr. Wade stated that he is going to retire within the next 4-years and would like to have the new home as his retirement home. Mr. Wade stated that he is in the hopes the neighboring property gets cleaned up.† The news report was interesting; it opened up showing the area around the building that the people live in.† The granddaughter talked about the snakes, rats and spiders that are the size of dollars that are around there.† Mr. Wade stated that his property is clean and doesnít have snakes or rats on his property; he knows that is a possibility.† Mr. Wade stated that he doesnít want to build a house until he knows the resolution of the neighboring property.
Member Bowne asked what the purpose of the building is.
Mr. Wade stated that it would be to store tractors, trailers, and machinery.† Applicant has buildings where he has equipment stacked on one another.† Mr. Wade stated that he takes pride in the fact that he doesnít have machinery sitting out, everything is in a building but he does have to use a lift to lift some if the equipment off of others. Applicants just want the additional space to store things. If the property was to get cleaned up and he would build his house, he would still need the building to store the equipment.
Member Bowne stated that she was confused because if the property is zoned A-2 why canít the owner go ahead and build a shed that would be used for an agricultural use to house agricultural equipment.
Mr. Yonke stated that 2.9 acres does not qualify as an agricultural property, it may be zoned agricultural but it wouldnít qualify for an ag permit.
Chairperson Rootes asked what the minimum size is.
Mr. Yonke stated that the County doesnít consider anything less than 20-acres to be a farm. In addition to that, you have to store, exclusively in an ag structure, ag materials being hay, a tractor and things like that, not a garage or shop. Mr. Yonke stated that the applicant did follow the proper procedure in applying for a building permit, the problem that he ran in to as stated in the request; without a primary structure you canít have an accessory structure on this size lot.
Member Bowne asked the applicant if he has talked to DNR.
Mr. Wade stated yes, he speaks with them on a pretty regular basis.
Member Bowne asked if they had given any indication of the time frame.
Mr. Wade stated that the indication that was given is that over a year ago this was turned over to the Attorney Generalís office and that this is a slow process but in the last two months a summons has been issued. The person that was issuing the summons spent about three days around the neighborhood trying to catch the owners to issue the summons.† It is a process that doesnít happen over night; it is not a life and death case, however it could be with the West Nile virus from the mosquitoes. It is going to happen; it just takes patience.
Chairperson Rootes asked the applicant how far from the street he plans to build the building.
Mr. Wade stated that the building would be on the back part of the property close to 100-yards from Dusty Rhodes and close to 100-yards from Liddell.† It would be in the center of the property, 50-feet off the line from the tires. The building will be built by a reliable contractor.
Chairperson Rootes stated that the applicants have some calves.
Mr. Wade stated that he has two cows and three calves on the property to keep the grass down.
Member Bowne asked the applicant if his equipment was currently stored.
Mr. Wade stated that they are all stored; they are just stacked on top of one another. Mr. Wade stated that he would be storing farm type equipment but he doesnít farm. All of the equipment is used to mow and he has a game patch.
Chairperson Rootes stated that she assumes the reason for this regulation is that in an attractive subdivision we donít want people putting up barns and never building houses.
Mr. Yonke stated that is part of it.
Mr. Wade stated that this is a two-lot subdivision. The one lot is covered with tires; the other lot is Mr. Wades.
Mr. Yonke stated that part of the other reason for this regulation is that in larger subdivisions where you would have multiple lots with houses on it; having a few vacant lots that are owned by people who do not live in the neighborhood that would build an accessory structure then store equipment in there, they donít have the vested interest of living in the neighborhood to keep it up and there is more of a problem of it becoming commercially used and things like that when they donít have the direct relationship to the neighborhood.
Mr. Wade stated that he does live in the neighborhood.
Member Bowne asked staff if the building is build on this property and the owner doesnít continue with the house plans and the property is later sold and someone wants to build a house on it, does it become a problem.
Mr. Yonke stated that there would be no need for the variance if someone puts a primary structure on the property, the fact that there is already a accessory structure there would effectively negate the granted variance because at that point you would have a primary structure with an accessory structure.
Member Bowne stated that the Board would not be setting up a problem for the future.
Mr. Yonke stated no.† But if a variance was granted and the property were to be sold to another party and they do not build a primary structure, if you grant a variance, it would be legal for it to be transferred in that condition.
Chairperson Rootes asked if the only option would be the only option.
Mr. Yonke stated he didnít know, theoretically you could put time limits, the Boards leeway and latitude on this stuff is fairly open.† Mr. Yonke stated that he doesnít know why the Board would want to put a time limit. It seems that either the Members feel if the variance is appropriate or not. A time frame would probably just complicate the issue.†
Mr. Trabue stated that he is fairly comfortable with it if there were conditions on where the accessory structure was built so that it does limit itself for a permanent structure to be built as you would typically expect.
Mr. Wade presented a diagram of the property and pointed out where he wished to place the building.
Mr. Trabue stated that part of the concern was also is that sometimes accessory structures are built effectively negating the building of a primary structure.
Member Bowne asked the applicant if he had house plans done.
Mr. Wade stated no.
Chairperson Rootes stated that she was comfortable with this request. There are no neighbors protesting and Mr. Wade would not want to build something there that would decrease the property value.
Mr. Trabue stated that to make this simple; Mr. Trabue stated that the building should be in the west 100-feet of the lot.
Mr. Wade stated that is exactly where he intended to build the structure.
Member Trabue made and Member Bowne seconded a
motion to approve a request by Kenneth and Nancy Wade to allow an accessory
structure to be built in a platted subdivision prior to a main structure being
built on 2.94 acres with the condition that the building be built within the
west 100-feet of the property located at 8400 E. Dusty Rhodes Ln.,
Chairperson Rootes†††††† Yes††††† ††††††††††† Member Trabue††††††††††††††††††††††† Yes††††††††††††††††††††††††††††† Member Bowne††††††††††††† Yes†††††††††††††††††
††††††††††† Motion to approve request carries unanimously.†††††††††††††† 3†† Yes††††††††††††
* * * * * * * * * * * * * * * * * * * *
2. Case Number 2002-009
by Eugene Busteed and Linda Hancik to allow a minor subdivision lot to be
created that does not comply with the minimum lot depth of 250 feet for a tract
Planner, Bill Florea gave the staff report stating that section 1.9.2 of the subdivision regulations requires that the Director make a recommendation on requests for variance from the provisions of the regulations.† The Board may grant a variance only if it finds after public hearing and upon competent and substantial evidence that the applicant meets the criteria for grant of a variance required by these regulations.† No variance from any requirement contained within appendix A or B of these regulations shall be granted unless the Board finds: (a) the applicant will incur unreasonable and unnecessary hardship if a variance is not granted and the variance is not sought primarily to avoid financial expense in complying with the requirements of these regulations (b) grant of a variance will not endanger the health, safety or welfare of the public, and (c) grant of a variance will not hinder, thwart or circumvent the general intent or any specific purpose of these regulations.† All applications for variances shall be filed with the Director and after review thereof the Director shall make a recommendation to the Board to grant or deny the application and state the reasons for his recommendation.
This tract is part of a larger 85.64 acre parcel.† The applicants would like to plat a 4.99 acre parcel to separate it from the remainder of their land.† Wren School Road bisects their land, with 80.65 acres located east of the public road, and this 4.99 acres on the west side of the road.† Wren School Road makes a natural split for this parcel, but due to the configuration of the road, this lot is unable to achieve the required 250-foot depth as required by the subdivision regulations.
a) The applicant will incur unreasonable and unnecessary hardship if this variance is not granted.† The lot cannot be designed to comply with the subdivision regulations without acquiring additional land from an adjacent property owner.
b) Granting this variance will not endanger the health, safety or welfare of the public.
c) Granting this variance will not thwart or circumvent the general intent of the regulations.
Staff recommends that this variance be approved. Staff notified 17 property owners.
Chairperson Rootes asked if staff had heard anything from the neighboring property owners about this request.
Mr. Yonke stated that he had two property owners, possibly three, called and their concern was finding out what was going on.† Two of the people came in and looked at the property; their main concern was what was going on with the entire piece of property.† Mr. Yonke stated that it was related to this variance; the neighborís only concern was if there would be suitable placement for a lagoon.† Mr. Yonke stated that he explained that in order to plat the property you would have to show that you have placement for a lagoon.
Present:† Matt Thomas, Know Boundaries Surveying, 261 N. Broadview Court, Columbia.
Mr. Thomas stated that the parcel was being created by Wren School Road.† This is an estate planning on behalf of Mr. Busteed; should he pass on his wife would not have to deal with this. The owner has no intention of ever selling the property; in fact, the owner would like to buy more.
Chairperson Rootes asked how deep the lot is.
Mr. Thomas stated that it is just over 100-feet on the north end and goes to zero on the south end.
Mr. Florea stated that the property bows in the middle so there are portions of the lot that do meet the 250-feet depth but there is a significant portion that doesnít.
Mr. Thomas stated that the portion that does meet the 250-foot depth requirement also happens to be drainage soil which would make it unbuildable.
Member Bowne stated that it would make the property unbuildable at that point. Member Bowne asked if there were other places on the tract that would be within the regulations.
Mr. Thomas stated on the north end of the parcel, there is a high point in which is a perfect spot to build.
Member Trabue stated that he believes that this is one of those types of variances that were created by topography and the road system out there.† The roads were put in many years ago before the regulations were developed. It is very suitable for a variance.
Member Trabue made and Member Bowne seconded a motion to approve a request by Eugene Busteed and Linda Hancik to allow a minor subdivision lot to be created that does not comply with the minimum lot depth of 250 feet for a tract located at 15201 S Wren School Rd., Hartsburg.
Chairperson Rootes†††††† Yes††††††††††††††††† Member Trabue††††††††††††††††††††††† Yes††††††††††††††††††††††††††††† Member Bowne††††††††††††† Yes†††††††††††††††††
††††††††††† Motion to approve request carries unanimously.†††††††††††††† 3†† Yes
Annual election of officers.
Member Bowne made a motion to nominate Member Rootes to remain Chairperson; Member Trabue seconded the motion.
Motion passed by acclamation.† All were in favor.
Member Rootes made a motion to nominate Member Bowne as Vice-Chairperson; Member Trabue seconded the motion.
Motion passed by acclamation.† All were in favor.
Meeting adjourned at ††††††p.m.
Paula L Evans
Minutes approved this 24th day of October 2002.